Minn. Stat. § 504B § 504B.161
COVENANTS OF LANDLORD OR LICENSOR.
Operative Text
Subdivision 1.Requirements. (a) In every lease or license of residential premises, the landlord or licensor covenants: (1) that the premises and all common areas are fit for the use intended by the parties; (2) to keep the premises and all common areas in reasonable repair during the term of the lease or license, including services and conditions listed in section 504B.381, subdivision 1, and extermination of insects, rodents, vermin, or other pests on the premises, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee; (3) to make the premises and all common areas reasonably energy efficient by installing weatherstripping, caulking, storm windows, and storm doors when any such measure will result in energy procurement cost savings, based on current and projected average residential energy costs in Minnesota, that will exceed the cost of implementing that measure, including interest, amortized over the ten-year period following the incurring of the cost; (4) to maintain the premises and all common areas in compliance with the applicable health and safety laws of the United States, of the state, and of the local units of government, including ordinances regulating rental licensing, where the premises are located during the term of the lease or license, except when violation of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee; and (5) to equip or furnish heat at a minimum temperature of 68 degrees Fahrenheit in all places intended for habitation including kitchens and bathrooms from October 1 through April 30, unless a utility company requires and instructs the heat to be reduced. (b) The parties to a lease or license of residential premises may not waive or modify the covenants imposed by this section. Subd. 2.Tenant maintenance. The landlord or licensor may agree with the tenant or licensee that the tenant or licensee is to perform specified repairs or maintenance, but only if the agreement is supported by adequate consideration and set forth in a conspicuous writing. No such agreement, however, may waive the provisions of subdivision 1 or relieve the landlord or licensor of the duty to maintain common areas of the premises. Subd. 3.Liberal construction. This section shall be liberally construed, and the opportunity to inspect the premises before concluding a lease or license shall not defeat the covenants established in this section. Subd. 4.Covenants are in addition. The covenants contained in this section are in addition to any covenants or conditions imposed by law or ordinance or by the terms of the lease or license. Subd. 5.Injury to third parties. Nothing in this section shall be construed to alter the liability of the landlord or licensor of residential premises for injury to third parties. Subd. 6.Application. The provisions of this section apply only to leases or licenses of residential premises concluded or renewed on or after June 15, 1971. For the purposes of this section, estates at will shall be deemed to be renewed at the commencement of each rental period.
Minn. Stat. § 504B.161 establishes a set of baseline covenants that automatically apply to every residential lease or license in Minnesota. Under this provision, landlords are required to keep both the rented unit and shared common areas fit for use, in reasonable repair, compliant with applicable health and safety laws, and reasonably energy efficient. The law also mandates that heat be provided at a minimum of 68°F in all habitable spaces from October 1 through April 30, and it expressly prohibits landlords and tenants from waiving or modifying these covenants by agreement.
Plain English — not legal advice.
Property owners and managers operating under Minn. Stat. § 504B.161 generally maintain documentation showing that rental units and common areas meet fitness, repair, energy efficiency, and health-and-safety standards throughout each tenancy. Compliant operators ensure heating systems are capable of reaching at least 68°F in all habitable rooms—including kitchens and bathrooms—during the October 1 through April 30 heating season. Because the statute expressly bars waiver of these covenants, operators typically treat them as non-negotiable baseline obligations regardless of what a lease document may say, and any written maintenance agreements with tenants are structured to supplement—not replace—these duties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Minn. Stat. § 504B.161 gives residential tenants in Minnesota a set of legally guaranteed rights that cannot be signed away, including the right to a unit and common areas that are fit for use, in reasonable repair, free of pest infestations (unless caused by the tenant), and heated to at least 68°F from October through April. If a landlord fails to meet these obligations, tenants may have remedies available under related provisions such as Minn. Stat. § 504B.381, which addresses tenant remedies for violations of these covenants. Tenants who believe these standards are not being met can document conditions, contact local housing or code enforcement authorities, or reach out to a tenant-rights organization to learn about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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